AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT	CASE NUMBER

FD-2015-00421	

GENERAL: The applicant was discharged on 31 Oct 08 with a Bad Conduct Discharge resulting from a Special Court-Martial conviction. The applicant appealed for an upgrade of his discharge characterization to General or Honorable.

The applicant appeared and testified before the Discharge Review Board (DRB), without counsel, via video teleconference between Joint Base Andrews, MD, and Joint Base San Antonio-Randolph, TX on 5 Dec 17. One witness was present, but did not testify on the applicant’s behalf. Additional supporting documents were submitted at the hearing and reviewed by the board.

The attached examiner’s brief (provided to applicant only), extracted from available service records, contains pertinent data regarding the circumstances and character of the applicant’s military service.

FINDING: The DRB voted unanimously to deny the applicant’s request to upgrade his discharge characterization.

DISCUSSION: The DRB, under its responsibility to examine the propriety and equity of an applicant’s discharge, is authorized to change the characterization of service and the reason for discharge if such changes are warranted. If applicable, the board can also change the applicant’s reenlistment eligibility code. In reviewing discharges, the board presumes regularity in the conduct of governmental affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the applicant. The board completed a thorough review of the circumstances that led to the discharge and the discharge process to determine if the discharge met the pertinent standards of equity and propriety.

The applicant’s record of service included one Article 15 and a Special Court-Martial conviction. His misconduct included: wrongfully using cocaine, failure to go at the prescribed time to his place of duty, being absent without leave, and using his Government Travel Card for personal use.

The applicant contended he served honorably during his career prior to the misconduct that led to his court- martial, to include serving in combat. He supported this contention by highlighting the awards and medals he earned while serving. He also claimed he did not receive the proper assistance from his chain of command during his time of need, specifically, when he was dealing with pay problems.

Upon review of an applicant’s Bad Conduct Discharge as adjudged by a Special Court-Martial, the DRB may change the punitive discharge to an administrative discharge for the purposes of clemency, if warranted. The DRB reviewed the applicant’s entire service record and found insufficient evidence to grant the applicant’s request.  The board noted the applicant served approximately 14 years prior to his misconduct, but found the negative aspects of that willful misconduct outweighed the positive aspects of his military service.

CONCLUSION: The DRB concluded the applicant’s punitive discharge by a Special Court-Martial was appropriate based on the facts and circumstances of the case and there was no sufficient basis, as an act of clemency, to change the discharge.  Therefore, the applicant’s request was not approved.

The DRB results were approved by the board president on 15 Dec 17. If desired, the applicant can request a list of the board members and their votes by writing to: SAF/MRBR (CITU), 550-C Street West, Suite 41, Randolph AFB, TX 78150-4743.	

Attachment: Examiner's Brief